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Wrongful Termination???? Please help
So my boss caught wind that I was considering of joining the navy. I have gotten as far as the NASIS but have not gone to MEPS as of yet. A coworker who I thought was my friend whom I was close with has told him almost everything that I told her when he asked her. He has never come up to me and asked what I was deciding to do. So yesterday I was told by my "friend" that the boss has decided to give me an out date which is 2 months. I was taken aback due to the fact that I wasnt planning on leaving for bootcamp until next year. Well he stated that he wants to be settled in the new expansion and not have to worry about hiring anyone new next year.
My question is, do I have a lawsuit due to the fact that he is firing me because I am considering joining the navy. Mind you I havent signed a contract or anything yet. Im just lost right now!
Please help
Views: 364
Replies to This Discussion
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Permalink Reply by judy r on
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I think you need to talk to an attorney. This would be a civilian matter as of now.
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Permalink Reply by Nukette on
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An attorney would probably be a good idea. Also call your recruiter, they have a TON of information regarding what your employers can and can't do. It stinks that your boss is trying to oust you for wanting to serve your country.
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He needs to prove he was fired due to trying to join the military. IF he can't prove it nothing can be done. The company can say they are downsizing. Now if he was joining the reserves and had left for bootcamp already than they fired him that would be something different. But since he isn't even in the military, he can't prove why they fired him for joining the military as he isn't even in the military. By proof I mean, something in writting, not a he said she said case.
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Permalink Reply by TFAN2 on
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Contact a lawyer in your area that handles FMLA (Family Medical Lave Absence) and Military Leave. Tell them the situation and see what they say. You might have to call a couple of different lawyers to find out if they handle FMLA. You will have to prove that he is terminating you because you were considering the military and that there is NOTHING else in your file. If nothing else a letter from the attorney saying they are investigating the issue will let him know that he can't let you go and he will look REALLY bad for firing someone or even laying them off for considering fighting for your country.
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Permalink Reply by BunkerQB on
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Why don't you talk to your boss? Sit down w him and outline your goals. If you get into the Navy and decide to enlist, you could be a help in assisting the new person to transition to the new expansion. Your mistake was in talking about it to anyone in your work place. Being ambitious is not a crime. If your boss knew that you wanted more and is capable of performing more, it is possible for him to see you in a different light - if you decide against joining the Navy or if you didn't get in. As I recall, you have debts to pay. If you feel that your talents are under utilized, write a summary of what you can do, figure out how you can help the company, write your ideas down. Present them to your boss. You may be missing critical skills and need additional training/education. You have to prove that you are willing to put in 110% in your job. There are no freebies in any workplace (nor in the Navy either). If you are looking for an easy out, you have better take those blinders off.
If you go out and talk to a lawyer and your boss gets wind of that, you will put him on the defensive. They may not fire you but I can assure you the boss and the rest of the higher ups will be on guard. Do you have money to pay an attorney to represent you? Unless you have an exceptional case, most attorneys will decline to take a case on contingency (don't get paid unless you win $$$).
Why would you want to burn your existing bridges? At this moment, it does not appear that you have just cause to sue anyone. Filing a law suit is serious stuff for any business - it takes energy (manpower) and money away from being productive. You don't go there unless you have a really good case.
BQB
Note: my husband is an attorney who specialized in wrong terminations for many years. Today, most companies have specific and carefully crafted procedures for hiring and firing employees.
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Permalink Reply by lemonelephant on
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You have not been terminated; therefore, you have no basis for a lawsuit. Until your boss tells you that you are terminated, you are still employed. Don't let this "friend" get to you.
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